The Corner

Patriot Politics

I think Podhoretz is basically right on the politics of the PATRIOT Act. While it faced some opposition in the House, especially on the Right, it passed the Senate 99-1, and the various amendments proposed by Senator Feingold (the lone opponent) all failed by similar margins. So, if Kerry or Edwards is on the ticket, they’ll be criticizing a law they voted for — and opposed amending. My one caveat is that I am not sure how an uncritical defense of the PATRIOT Act plays with the base. While the anti-PATRIOT howlings are generally overblown, it’s not a perfect law.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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